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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya Journal of Islamic Mubādalah
M. Anwar Nawawi
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Religion Humanities Social Sciences

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The Concept of Maşlaḥah Family in Lampung Customary Law: A Study of Mak Dijuk Siang and Its Relevance to Indonesian Marriage Law Habib Shulton Asnawi; M. Anwar Nawawi; Siti Mahmudah; Alamsyah Alamsyah
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 9 No. 1 (2024): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v9i1.4710

Abstract

This article discusses the concept of maşlaḥah family, which is part of the customary law of Mak Dijuk Siang (prohibition of divorce) in the Lampung Pepadun Megou Pak clan. Despite the prohibition of divorce, household problems are addressed within the community, and there are customary sanctions for violating this rule. The purpose of this article is to analyze why traditional leaders enforce and uphold the Mak Dijuk Siang customary rules and their relevance to Indonesian marriage law. The study uses a qualitative method, combining field research with library research in the sociology of law. The research was conducted in the Lampung Pepadun Megou Pak community in Tulang Bawang Regency and West Tulang Bawang Regency, Lampung Province. Primary data was obtained from traditional leaders through observation, interviews, and documentation. The analysis applies the theory of legal effectiveness. The results show that the concept of maşlaḥah family in the Mak Dijuk Siang rule reflects the community's belief in the philosophy of Piil Pesenggiri, which discourages divorce and aims to build eternal families. In cases of household conflicts, mediation is preferred through the Penyimbang Pepung Adat Customary Institution. The practice of maşlaḥah family through the Mak Dijuk Siang customary rules has been effective in reducing the high divorce rate, demonstrating its relevance to Indonesian marriage law.
A Mubādalah Based Legal–Cultural Model of Mak Dijuk Siang in the Lampung Pepadun Megou Pak Community for Strengthening Family Resilience in Indonesia M. Anwar Nawawi; Chalawah Ummy Sa’diyah
Journal of Islamic Mubādalah Vol. 2 No. 2 December (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/xqrw3986

Abstract

This article examines the application of customary law regarding the prohibition of divorce (Mak Dijuk Siang) within the Lampung Pepadun customary community, where this norm functions as a mechanism for resolving household conflict. The central issue arises from indications that the prohibition generates marital disharmony by limiting the range of conflict-resolution options available to couples. The purpose of this article is to analyze (1) how Mak Dijuk Siang is implemented as a binding customary norm, (2) its social and emotional implications for family stability, and (3) the formulation of a culture law integration model grounded in the principle of reciprocity. Employing a qualitative, socio-legal approach informed by the mubādalah framework, the study finds that Mak Dijuk Siang is enforced through nuwo adat, family deliberation, and formal customary mediation, reflecting the moral values of pi’il pesenggiri. While this rule reinforces social cohesion, it may simultaneously intensify domestic tensions. The integration of mubādalah ethics offers a more equitable reinterpretive model that strengthens family resilience. The recommendations call for improving customary institutional policies and enhancing the role of traditional leaders so that dispute-resolution mechanisms become more protective, reciprocal, and oriented toward sustaining family wellbeing. 
Co-Authors Alamsyah Alamsyah Chalawah Ummy Sa’diyah Habib Shulton Asnawi Siti Mahmudah